Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-06-12
CHARGE TO Tub JUDY
In the KILLER Murder Trial
By Chief Justice Jones.
Pan Text 81 ths CAarxs-Tbs Dufy Of
Mash JmrsR Mads PIalR-Ths ~Rsa-
ssasbls Dsabt" cusfsIIy
Explained.

Following Ia the full taxi Of the clear
and sonsiss ehsfes 10 the jaRy In The
ease Of the Territory Of Washington
aaainss 0s0sgs II. Miller, for the nur-
der Of James Meaning Coiman, on the
morning Of ReFuAFy 5 b, 1886;
emfleBa>s e(fke Jury: This 10 . case
Of very gresa and grave importance;
ihis 70 20 - 70 the pubic. Crime ought
70 Be Danishsd- The safety and happi-
ness 81 svsFy nan u wrapped np IN the
sssaKity given b3 the Lac 70 life and
Dssson and property and the pseeeFva
tisn of the peaos. II 10 the duty Of
oyafy good otttEen 10 Aasist in tbs preser-
vati0n Of the psaos, Ia the enforcing Of
Lac and the preventing Of crime, and 10
uas al lawful means TO detect or assist
The authorities IN sseaFinR the oonvio-
tion Of the guilty. 10 10 not isos tue
dnsy Of evoFy COED citlzan 10 protest
aud aaMist In The defense Of She tano-
cent.
Il 70 specially the daily Of every pub-
ns eeicsT 70 b 90 The alert 10 prsveat
ogims and preserve the peace on ali 90
aAaIons; also 10 detect criminals Of all
Glasses, and uas al lagfui means 10 -
ouFs ths oonvistion Of the guilty and
Thereby 70 sseufe the peace, prosperity
ana happinaas Of the community at
IasRs. Il ID The duty 20 less Of the
ooasts and iaTies Of the coastTy 10 IN
hesitatinalg and foarissaiy and Impair
TALLY investigate ali criminal charges
bso1ahs 10 tEiAl. and patiently and care
fuily hear and Justly weigh the evidences
10 the eBd that the goiity man may be
surely punished and that a. innocent
man may not uptastly su9eF.
Thia ease Il also Of the very greatest
Importance 10 ths dsssadant. In this
oass u Il true beyond 9 reasonable doubt
thai Q murder WAa committed. 10
utamds ndmitted before roc. Il h
slaIned by the Territory thai Mr.. Col
man, whils IN the peaoefnl puFpuia Of
bis lavfni duties II opsn day, under the
sane protection Of tbs Law - yea and
and al men arc, and 10 - Dueh AppaF-
eut security a. any eisizen Of this o0un-
81, vas ahoa down By al assassin Or
nnsassina, without warning end without
true, Q mere haarAnt vieIAtion Of the
Law and moro horrible crime oAn scarcely
Be imagined. whoever committed the
deed should rsoeive tbs full penalty
Of bis crime. TIE Grand Jury. 10 for
NAL manner, BY Indictment. accuse this
defendant OF that crime. The pFosecu.
tlse officers. With great real and ability,
have presented 10 you evidence tending
70 establish that charge. And With no
less energy. EsAl, skill and ability the
defendant, by bis attorneys, has pre-
ssnted the defense. Each has dis
charged bis duty feaTlessly and we'll.
u remains for you and me to do oors,
impartially, fesrlessly and we'll. Il IL
mine 70 give you suoh Instructions as to
the rules Of Law applicable to thls case.
- may assist you In the discharge Of
your duties.
Itis your duty 10 follow the rules the
court shall give you, not because the
eooTt 10 supposed to be infAllible, bat IL
10 enc amoBg the many projections she
laW throws RSound al accused sFson.
nyou follow the rules ] shall give you,
and by % doina arrive at verdict, you
have not done wrong. and the defend
ant 10 not without Q remedy, bsoaase
ubat l shall say 20 700 10 in writing,
aad the reporter takes Il, a. you see, be.
ntdea. IL make the least mistake in a
matter Of this kind whereby you may
be mislead or the defendant NAV by
any possibility be injured, there sand.
behind me the Supreme Court Of this
Territory, 10 read, consideP and ponder
what charge VOC, and II any such mis-
taka u made by me that court will SET
yoar verdict aside because OF my mis-
take and save the defendant harmless
tharofrom.
You viii not consider or be Influenced
BY any { fer OF evidence on either eide
nuless the court allowed that evidence
20 be given before you. II the defense
offered evidence and the court exc aided
It and was mistaken in 20 doing, the de
PENDANT has the same remedy AZ IN the
case have just supposed, and so cannot
be Injured ~ that. His able counsel
kaes his rights and can easily protect
him from any error OF mine.
In the discharge OF this daty rest inC
upon me, insiruct you:
That the burden Of proof Ia this osss
IL upon the pFosecutiSn through ut. A
mere suspicion Of guilt. however strong
eeuld not avail 20 convict the dsfsn dAns
He 10 by lav presumed 20 be Innocent
Thia presumption Of innocence stands
as protection and baivuFk 90 him
until be Ia proved 20 be guilty by that
degree and Kind Of proof witch the law
requires 10 . criminal case to convie,
she accused. and this presumption of
inpocence is an essential and sabstan
tial part Of the Lao Of the land, and il
htndtne upen ysu 80 . jury, and 700
mnae give the accused TIE full benellt
Of It.
Il follows frsn this presumption of
evidence that the defendant is not re-
Quired 70 prove himsslf ipnocsnt, but
on the oonsRaFy, the prosecution 10 re-
CURED v prove Ia all particulars the
aoilt Of the defendant.
In civil case a bare preponderance
o. the evidence In favor Of the plain
tse's eide Of the case is Sufficient 90 sus-
tain . verdict against the defendant;
eat 10 10 far Different In criminal saaa.
In criminal case there can Be no and.
Ing against the defendant unless ths
inEy e convinced Of the Defendants
guilt beyond every reasonable doubs,
and tbia coDvtstion must Be frOm evi
oence produced before the iary en- the
trial, entirely dlaFeRarding all personal
knouled9e that yon may have Of facts
material 10 the case. and entirely disre-
RardinR alss all opinions Of the jaFors
a. 20 such facts unless induced by the
evidence.
A reasonable Doubt fer q triAl juro.
70 such dsuht as Q man OF ordinary
pFudence, sensieility and decision Ia
deteFnining an issue Of like eonnsrn 60
himeelf ~ The question on trial IL 20
che defendant, wsald Allow 10 have Nnv
tndusnce apsn him whatever or make
hin pause or hesitate In arriving Al a
determination ~ 10 bis oouduet OF In
arriving 81 conclusion upon the issue
before him, ! wtll sAy something TO VOC
On that suhieet afterwards.
In this case the prosecution demands
convieiton Dpon cifcamstAntlal eyi.
dsnca. BY eirca rstantiAl evidence Ia
meant evidence OF such facts or cir
eumsiancss connected with OF surround
trg tee commission Of the crime
charged as % tend ts grove the euiit OF
tnnocence OF the accused.
In eases OF eircura Antial evidence
The prosecution mant not only show 90
yoa heyoad evsry reasonable dsaht thai
certain facts and circumstances are
true. bat thsy mssl be such facts and
circumstances - arr Inconsistent with
any reasonable superstition or theory o.
she Innocence % the accused.
And ! instruct yua thai yaa shoala be
careful % distinguish between = Simple
eoansetioa Of circumstances Of tine
and plAee and 9 lOgical OF nscxs-